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Source Substantive Due Process Complete Constitutional Law List Matched to this deck.

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0 tracked cards Constitutional Law

A city employee, acting against city policy, mistakenly towed and crushed a parked car after reading the wrong address from a demolition order. The city had no advance notice that this particular mistake would occur. State law provides a prompt tort remedy that can fully compensate the car owner. The owner sues the city under the Due Process Clause.
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The owner likely wins because state tort remedies are irrelevant to procedural due process. The owner wins because negligent conduct by a state employee is always a constitutional due process violation. The owner likely loses if the loss resulted from a random unauthorized act and the state provides an adequate postdeprivation remedy. The owner loses because procedural due process protects only liberty, not property.

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